A case challenging the implementation of the Teacher Professional Development Program has been certified as urgent by a court.
Justice David Nederitu of the Court of Employment and Labor Relations declined to suspend the implementation of the government program and directed petitioner Joseph Karanja to serve all parties before the hearing on October 7.
Judge Nederitu said that the issues raised in the petition are weighty.
Karanja is expected to file and serve as respondents to the Teachers Service Commission, Education Cabinet Secretary, Kenya Union of Post Primary Education Teachers, Kenya National Union of Teachers, Kenyatta University, Mount Kenya University, Riyara University and Kenya Education Management Institute Is.
“The petitioner (Karanja) is ordered to serve the arguments of all the parties for hearing the said notice of motion inter-parties,” Naderithu ordered.
On Monday, Karanja said that making teachers undergo compulsory refresher training is a violation of their rights. TSC on September 22 launched a professional development training program for teachers in public schools that would be used to determine promotion and continued employment.
Teachers were required to undergo in-service training lasting five years, at which point their teaching certificates would be renewed.
During this period, teachers are expected to take six modules, each lasting five years. Teachers will have to pay Rs 6,000 annually for the training. As indicated, the training will be offered at Kenyatta University, Mount Kenya University, Riyara University and Kenya Institute of Education Management.
He said that teachers and education stakeholders were not involved by TSC in developing the content of the modules to be done in the Professional Development Program.
“The rollout of the program by TSC was done in secrecy and without the participation of teachers, who are the primary subjects of the programme,” he said.
He said TSC has violated the Constitution in appointing empaneled institutions to offer the programme.
Karanja said that most of the teachers are old and cannot complete the training while in service, thus keeping them out of further promotion.
He now wants the court to issue a declaration that the TSC in trying to design and implement a teacher professional development program failed to abide by and uphold the Constitution.
He wants to declare the program unconstitutional, null and void.